STATEN ISLAND, N.Y. -- Prosecutors have dropped criminal charges against a former Home Depot worker accused of assaulting a customer during a dispute in its Mariners Harbor store.

But that development hasn't stopped the customer, John Ivan Galarza, from suing the home improvement big box store and the ex-employee, Shakima Hardy, who alleged that Galarza spewed a racial epithet at her.

Galarza's lawyer, Michael J. Gaffney of Sunnyside, said last week his client suffered neck and back injuries in the scuffle and received treatment for a year. In fact, Galarza wore a neck brace when interviewed by an Advance reporter several days after the incident.

"The civil system will compensate him appropriately," Gaffney said, adding that his client "denies ever making any inappropriate comment."

A criminal conviction against Ms. Hardy, 29, is not required for Galarza to prevail in the civil case.

Stephen Holmes, a Home Depot corporate spokesman, said Friday the company hasn't received the legal papers and couldn't comment on the allegations. He said Ms. Hardy no longer works for Home Depot.

Attempts to reach Ms. Hardy by phone on Friday were unsuccessful.

Galarza and his son, also named John, spoke to the Advance several days after the episode. They said the incident was set in motion when a store manager refused to let them return wire.

The Galarzas work in construction, and the elder Galarza has been spotlighted in past Advance articles alleging someone stole copper wiring from his construction sites

The younger Galarza said Ms. Hardy intervened as he took cell phone photos of the manager and a sign showing which materials could be returned.

He then took her photo.

Ms. Hardy said she started walking away and the father followed, yelling a racial slur to her face and moving his hands. She said she "waved" her hand to get him away from her.

Ms. Hardy said the elder Galarza paused a moment, and then went down to the floor.

The Galarzas contend Ms. Hardy was the aggressor and actually hurled the racial epithet at the father. She also called him a "foreigner," they allege. Galarza is of Argentinean descent and speaks with an accent.

As the confrontation grew more heated, Ms. Hardy punched the father, knocking out his removable partial dentures, the Galarzas told the Advance.